When deposition of witness taken in one case can not be relied on in another case?
Act is required to be considered and the same reads as under:
33. Relevancy of certain evidence for proving, in
subsequent proceeding, the truth of facts therein
stated. Evidence given by a witness in a judicial
proceeding, or before any person authorized by law to
take it, is relevant for the propose of proving, in a
subsequent judicial proceeding, or in a later stage of
the same judicial proceeding, the truth of the facts
which it states, when the witness is dead or cannot be
found, or is incapable of giving evidence, or is kept out
of the way by the adverse party, or if his presence
cannot be obtained without an amount of delay o
expense which, under the circumstances of the case,
the Court considers unreasonable:
Provided-
That the proceeding was between the same
parties or their representatives in interest;
That the adverse party in the first proceeding
had the right and opportunity to cross-examine;
That the questions in issue were substantially
the same in the first as in the second
proceeding.
In the present revisions, none of the conditions, which have
been enumerated under Section 33 of the Act, are either pleaded or
proved. In other words, the conditions, which entitle invocation of
Section 33 of the Act to bring on record the evidence given in other
proceedings, are not present. This Court in Talasila Suresh
(1 supra) and Katru John Kennedy (2 supra) held that existence
of the circumstances mentioned under Section 33 of the Act is
mandatory. It is also held in Guduru Nirmala (3 supra) that the
aspect of delay and importance of adhering to the procedure
prescribed has been emphasized.
In the present set of facts and on account of confusion that
the mandatory conditions prescribed under Section 33 of the Act
being absent, the depositions in C.C.No.387 of 2008 cannot be
brought on record.
ANDHRA PRADESH HIGH COURT
CIVIL REVISION PETITION Nos.1135 OF 2015 and batch
Dated;21-09-2015
Vempati Venkateswar Rao... Petitioner
Challa Vijaya and another Respondents
CITATIONS:
1. 2013 (4) ALT 192
2. 2014 (5) ALT 186
3. 2014 (3) L.S. 177
4. 2002 (3) ALT 510
6. AIR 1997 SC 409
THE HONBLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL REVISION PETITION Nos.1135, 1316 AND 1521 OF 2015
Citation;AIR 2016(NOC)250HYD
https://www.lawweb.in/2016/04/when-deposition-of-witness-taken-in-one.html
